MATHEWS v. BRONGER MASONRY, INC.

Filing 149

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; denying as moot 135 Motion to Strike ; denying as moot 141 Motion to Strike ; denying as moot 141 Motion to Stay; granting 146 Report and Recommendations. *** SEE ORDER ***. Signed by Judge Sarah Evans Barker on 2/14/2012.(CKM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
PENNY MATHEWS,
Plaintiff,
vs.
BRONGER MASONRY, INC.,
Defendant.

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1:09-cv-00478-SEB-DML

ORDER ADOPTING MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATIONS
The Court has considered the Magistrate Judge’s Report and Recommendations on
the effect of Plaintiff Penny Mathews’s motion for attorney fees (Dkt. Nos. 126, 139) on a
settlement agreement and release she entered into with Defendant Bronger Masonry, Inc.
The Court has also considered both parties' objections to the Magistrate Judge’s report. (Dkt.
Nos. 147, 148).
Having given de novo consideration to these issues, the Court finds that the
Magistrate Judge’s Report and Recommendation is well reasoned and supported by the facts
as well as the law. Accordingly, the Court adopts the Magistrate Judge’s Report and
Recommendation in full and incorporates it by reference herein.
Therefore, it is ordered that Ms. Mathews’s request to rescind the settlement
agreement is GRANTED, and Ms. Mathews’s Motion to strike Bronger’s opposition brief
to her motion for fees (Dkt. No. 135) is DENIED AS MOOT. The Magistrate Judge shall
set a briefing schedule for Bronger’s opposition to Ms. Mathews’s motion for fees (Dkt. Nos.

126, 139) and any reply by Ms. Mathews. Furthermore, Ms. Mathews’s motion to strike or
stay Bronger’s motion for sanctions (Dkt. No. 141) is DENIED AS MOOT and the
Magistrate Judge shall set a briefing schedule for Ms. Mathews’s opposition to that motion
and any reply by Bronger.
IT IS SO ORDERED.

02/14/2012
Date:___________________________
_______________________________
SARAH EVANS BARKER, JUDGE
United States District Court
Southern District of Indiana

Copies to:
Zachary Judson Eichel
EINTERZ & EINTERZ
[e-mail]
Michael L. Einterz
EINTERZ & EINTERZ
[e-mail]
Michael L. Einterz, Jr.
EINTERZ & EINTERZ
[e-mail]
Ronald E. Weldy
WELDY & ASSOCIATES
[e-mail]

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